State v. LeRoy

I respectfully dissent because I disagree with the majority’s conclusion that the verdict was not “such as the court may receive.” Citing State v. Cox, 322 N.W.2d 555, 558 (Minn.1982), the majority concludes that the verdict returned by the jury was not “a verdict such as the court may receive.”

State v. Cox did not consider when a verdict is such that it may be received by the court. I am not aware of any Minnesota criminal case that has explained when a verdict is such that the court may receive it. There are, however, civil cases that shed some fight on the meaning of this phrase.1 Craven…